Construction Program Guide
Davis-Bacon (Payment of Prevailing Wage Rates / Payroll Requirements)
The 1931 Davis-Bacon Act requires the payment of prevailing wage rates to all labors and mechanics on Federal or Federally assisted construction contracts. Overall program responsibilities are administered by the U.S. Department of Labor. Project specific responsibilities are administered by the contracting agency. Davis-Bacon Act requirements are implemented in various Federal assistance programs through the "related act" provisions in each agency's implementing statutes.
- Title 23 U.S.C. 113 (.pdf) provides the FHWA's statutory "related act" that implements Davis-Bacon provisions on Federal-aid highways. Note that the 1991 ISTEA changed the definition of a Federal-aid highway without changing the applicability requirements in 23 U.S.C. 113.
- Thus Davis-Bacon requirements are not applicable to highways functionally classified as local roads or rural minor collectors (see Mr. Anthony R. Kane's February 13, 1992 memorandum; Subject: ISTEA of 1991 - Construction and Maintenance Requirements).
- Title 40 U.S.C. 3141 links to the 1931 Davis-Bacon Act.
- Title 40 U.S.C. 3145 links to the Copeland Act (commonly known as the "anti-kickback act").
- Title 40 U.S.C. 3145 (.pdf) Regulations governing contractors and subcontractors
US Department of Labor's regulations for Davis-Bacon
FHWA Regulations Incorporating Prevailing Wage Requirements
- Title 23 C.F.R. 635.117(f) provides the FHWA's regulatory reference that requires the inclusion of Davis-Bacon prevailing wage rates on Federal-aid projects.
- Title 23 C.F.R. 635.309(f) provides the FHWA's regulatory reference that requires the inclusion of Davis-Bacon prevailing wage rates as a condition of the FHWA's construction authorization.
- Headquarters Memorandum dated June 26, 2008; Subject: Applicability of Prevailing Wage Rate Requirements to Federal-aid Construction Projects
- Headquarters Memorandum dated May 15, 1985; Subject: Utility and Railwork - Wage Rate and EEO Requirements
- Headquarters memorandum dated May 24, 1995, Subject: Wage Rate Amendment, 10-Day Rule
- Headquarters memorandum dated October 3, 1991, Subject: Application of Davis-Bacon Act to Truck Drivers, Midway Decision
- Headquarters memorandum dated December 24, 1991, Subject: Davis-Bacon Act, Midway Decision, Supplemental Information
- Headquarters Memorandum dated April 13, 1998, Subject: Guidance for Department of Labor Semi-annual Enforcement Reports
- Headquarters Letter dated April 17, 2000; Letter to the US DOL concerning the applicability of Davis-Bacon to non-Federally funded construction contracts
- Headquarters Memorandum dated August 7, 1996: Subject: Electronic Submission of Weekly Payroll Records
- U.S. Department of Labor's letter dated November 12, 2004: Subject: Electronic Signatures and the Copeland Act.
- U.S. Department of Labor's letter dated August 8, 2006: Subject: Emergency Relief Debris Removal and Davis-Bacon Applicability